Kerala High Court
Dr.Sunil Philip (Aged 39 Years) vs The Director General Of Police on 5 September, 2012
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 5TH DAY OF SEPTEMBER 2012/14TH BHADRA 1934
WP(C).No. 14112 of 2012 (S)
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PETITIONER(S):
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DR.SUNIL PHILIP (AGED 39 YEARS),
S/O.K.M.PHILIP, KARIMPIL COTTAGE,
P.O.KALLAYAM, THIRUVANANTHAPURAM-695 043
KERALA. (MOB:9946131660)
BY DR.SUNIL PHILIP ( PARTY IN PERSON)
RESPONDENT(S):
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1. THE DIRECTOR GENERAL OF POLICE,
STATE OF KERALA, POLICE HEAD QUARTERS,
VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 001.
2. MR.VIJAYAKUMAR,
ASSISTANT COMMISSIONER OF POLICE,
DISTRICT CRIME RECORDS BEURO (TRIVANDRUM ANTI HUMAN
TRAFFICKING CELL NODAL OFFICER),
THIRUVANANTHAPURAM-695 001.
3. MR. PRAMOD KUMAR,
CIRCLE INSPECTOR OF POLICE,
MEDICAL COLLEGE POLICE STATION,THIRUVANANTHAPURAM-695 001.
4. MRS. VIOLET SUSAN JAMES,
GOKULAM, TC 13/1891, KRA-D/32(3),
KALAKAUMUDHI ROAD, KANNAMOOLA,
THIRUVANANTHAPURAM-695 001.
5. MR. JOHN MILLER (PASTOR),
UNITED APOSTOLIC PENTACOSTAL CHURCH, GOKULAM,
TC 13/1891, KRA-D/32(3), KALAKAUMUDHI ROAD,
KANNAMOOLA, THIRUVANANTHAPURAM-695 001.
BY ADV.SRI.P.VIJAYARAGHAVAN,STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05-09-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WPC.NO.14112/2012 S
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT-P1 - TRUE COPY OF THE COMPLAINT DT.13.3.12 FILED BY THE
PETITIONER.
EXHIBIT-P2 - TRUE COPY OF THE LETTER PETITION SUBMITTED BY THE
PETITIONER BEFORE THE SUPREME COURT OF INDIA ON 16.3.12.
EXHIBIT-P3 - TRUE COPY OF THE ORDER OF THE REGISTRAR OF THE SUPREME
COURT OF INDIA AND COMMUNICATIONS DT.23.4.12 & 24.4.12.
EXHIBIT-P4 - TRUE COPY OF THE 3RD RESPONDENTS REPORT DT.1.5.12, REPLY
TO U.O. NOTE BY AIG (PG) DT.17.5.12.
EXHIBIT-P5 - ENGLISH TRANSLATION OF EXHIBIT-P4.
RESPONDENTS' ANNEXURES:
R1(A): COPY OF THE STATEMENT GIVEN BY DR. SUBHASH DTD. 13/07/2012.
R1(B): COPY OF THE MEDICAL CERTIFICATE DTD. 6/07/2012 ISSUED BY
DR. XAVIER JOHN TO THE ASSISTANT COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM.
/TRUE COPY/
P.S.TO JUDGE
Kss
MANJULA CHELLUR (Ag.CJ)
& A.M.SHAFFIQUE, J.
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W.P.(C) No. 14112 of 2012-S
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Dated this the 5th day of September, 2012
J U D G M E N T
MANJULA CHELLUR (Ag.CJ) This public interest litigation is prosecuted in person i.e. one Dr.Sunil Philip. As a matter of fact, subsequent to 15.6.2012 he has not appeared before the Court and the statement of respondent No.1 Director General of Police becomes relevant material for consideration. The petitioner approached this Court complaining against the 4th and 5th respondents alleging several illegal activities which could be termed as immoral and anti-social activities said to have been committed by these two persons. According to him, when he was staying in the house of 4th respondent as a paying guest, he noticed about 12 school going children housed in the very same premise where he, 4th respondent and 5th respondent along with the sister and care-taker of 4th respondent's sister were housed. Apart from this there was children's home and a church. According to petitioner, in the very same house W.P.(C) No. 14112 of 2012 2 some prayers were conducted. The main allegation is that 4th and 5th respondents had immoral relationship apart from that they were subjecting the children to sexual abuse and they are exploiting them. It is further said they are accumulating disproportionate wealth to the known-sources of income and in spite of several complaints to the 3rd respondent, no serious action was taken. Therefore he had to approach the DGP and in spite of intervention of DGP, nothing was investigated seriously. Therefore he had to approach the Supreme Court by addressing a letter to the Registrar. However, in response, Registrar of Apex Court issued direction to the DGP to investigate the matter and submit a report to the Court. When no report came to be submitted as directed and in the absence of effective investigation, he was persuaded and forced to approach this Court seeking following reliefs:
"i. Direct the 1st respondent (DGP) to issue necessary orders to register a First Information Report on the basis of Ext.P1 complaint.
ii) To direct the 1st respondent to hand over the investigation to the CBI/State Crime Branch and entrust the charge of investigation to the CBI/State Crime Branch and entrust the charge of investigation W.P.(C) No. 14112 of 2012 3 to an officer having the rank of an Inspector General of Police and the investigation be supervised by the First respondent himself.
iii) To direct the 1st respondent to immediately involve all the relevant specialized agencies (Child Welfare Committee, Enforcement Directorate' CBI and INTERPOL) in the investigation.
iv) To grant such other writs orders or directions prayed for by the petitioner from time to time and this Honourable Court is pleased to grant in the facts and circumstances of this case".
2. At the earliest point of time on 15.6.12, this Bench directed a proper enquiry into the matter as submitted by the Government Pleader especially with regard to the allegation of trafficking of children to U.S.A. and other places. In response to the said direction, a detailed statement came to be filed by the first respondent, Director General of Police along with the copy of statement given by Dr.Subash dated 13.7.2012, who apparently was treating Dr.Sunil Philip, the petitioner for "Paranoid Schizophrenia" and also the medical certificate issued by Dr.Xavier John dated 06.7.12 addressed to Assistant Commissioner of Police, Thiruvananthapuram. W.P.(C) No. 14112 of 2012 4
3. Para 3 of the statement refers to the action taken by referring the matter to Assistant Commissioner of Police, DCRB, a Nodal Officer for Anti-Human Trafficking at Thiruvananthapuram City for a detailed enquiry and report. As per the report, the 4th respondent is residing in the rented house at Gokulam, TC 13/1891, KRA-D/32(3), Kalakaumudi Road, Kannammoola, Thiruvananthapuram. Though she has American citizenship, she is in a rented house along with her elder sister Miss.Jayanthi, who is mentally retarded. She has engaged one Saroja to look after her sister and one Miss Maya is staying as a paying guest along with the 4th respondent. Miss. Maya is a student from the Medical College Higher Secondary School. They all occupy in one room. The entire building consists of two stories. In the ground floor, 5th respondent, a Pastor from Neyattinkara along with his wife Safeena are residing. So far as other rooms, they are occupied by one Mr.Wilson along with his wife and children, who eke out his livelihood by driving an autorickshaw. The hall in the ground floor is used as a prayer hall of Apostolic Pentecostal Church. Other rooms are also occupied by one Mr.Sumesh. As a matter W.P.(C) No. 14112 of 2012 5 of fact as per this Statement Dr.Sunil was also residing in the remaining one room on the first floor for a short while.
4. Fourth respondent, though married to one Mr.Kolin S.Johns, a native of Delhi in 1985 but she secured a divorce from him and they are living separately since 4 years. Her son works at U.S.A. So far as paragraph 5, it refers to the dispute between the 4th respondent and Dr. Sunil Philip, the petitioner. This reveals that when Dr. Sunil was in occupation of one of the rooms in the first floor. The inmates including the 4th respondent, after realizing he was mentally ill and was creating difficulties especially obstructing worship in the house, the 4th respondent evicted him. This led to the present complaint with false allegation. The C.I. of police, Medical College enquired into the allegations and found absolutely incorrect. There was no such illegal activities carried on by the 4th respondent.
5. Again the Assistant Commissioner of DCRB made detailed enquiry about the complaint and recorded the statements of father of the complainant and one Dr.Subash, Psychiatrist, who had treated the complainant for mental W.P.(C) No. 14112 of 2012 6 decease. He also obtained a letter from Dr. Xavier John, Senior Consultant and Associate Professor in Psychiatry working at Sacred Heart Hospital, Paynkulam, Idukki District. This enquiry reveals, the petitioner was suffering from serious mental illness which was diagnosed as 'Paranoid Schizophrenia'. As a matter of fact, he has been under the medical treatment for mental illness for the last 15 years and after quarreling with his father, he left the house. On earlier occasion, he barged into the office of Honourable Chief Minister on 2.5.2012 which led to his arrest and later on he was released at the intervention of his father. As per report and the enquiry of the District Social Welfare Officer, Thiruvananthapuram, no orphanage or children home as alleged in the writ petition is being conducted by the 4th respondent. Further no human trafficking or child labour is taking place. The detailed enquiry, on the other hand, revealed that at present the complainant/writ petitioner is under medical treatment at Sacred Heart Hospital, Paynkulam, Thodupuzha, Idukki as an inpatient for the treatment of 'Paranoid Schizophrenia'. The petitioner is suffering from serious hallucinations. The mental illness for W.P.(C) No. 14112 of 2012 7 which he is taking treatment indicates symptoms of fear, over anxiety etc. Statement of Dr.Subash shows the petitioner was suspicious and fearful in his own home when he was living with his parents and siblings and was not taking proper food except bread and water. Because of this he lost weight and became very weak. This is because he is having delusions of persecution and reference. He has auditory hallucinations and his ability to make judgment is impaired. He is not understanding the illness he is suffering. Therefore, his general performance was very poor apart from weak, physical status which led to his admission to the hospital for treatment.
6. With this material brought on record now one has to see whether there is any truth in the allegations made in the writ petition. The expert doctors who are treating at present give narration of the mental illness of the petitioner i.e. 'Paranoid Schizophrenia'. This mental illness can make the patient develop suspicion and doubting activities of others. In all probability this mental illness of his led to formation of an opinion in his mind that some illegal activities are carried on by the 4th respondent with the assistance of 5th respondent. As a W.P.(C) No. 14112 of 2012 8 matter of fact his mental illness persuaded the 4th respondent and others to send him away from the first floor of the house where 4th respondent and other respondents are living.
7. Having regard to the above facts and circumstances as there is no truth in the allegations made against the 4th and 5th respondents as per the enquiry of C.I. of Medical College Police Station and also Assistant Commissioner of DCRB, Thiruvananthapuram, who are of the opinion that there is no need to intervene in the matter and give any specific directions.
Accordingly, the writ petition is dismissed.
MANJULA CHELLUR (ACTING CHIEF JUSTICE) A.M.SHAFFIQUE ( JUDGE) rka